[2016] KEHC 1716 (KLR)
The court held that since the only asset in the estate is monetary, the beneficiaries are limited to the wife and son, and the Kadhi’s Court has already issued an order distributing the estate in accordance with Islamic Law, there is no reason to delay confirmation of grant. The statutory waiting period may be...
Source-derived case information.
- Citation
- [2016] KEHC 1716 (KLR)
- Parties
- Applicant: Assistant Public Trustee Garissa; Applicant: Public Trustee; Respondent: Wife and son of Rashid Muktar Shide
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 38 of 2015
- Procedural Posture
- Succession Cause / Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; letters of administration confirmed.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Confirmation of Grant, Islamic Inheritance, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Assistant Public Trustee Garissa
Applicant
Public Trustee
Applicant
Wife and son of Rashid Muktar Shide
Respondent
Procedural Posture
Succession Cause / Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant can be allowed before the statutory 6 months period has elapsed.
- 2 Whether the distribution of the estate should follow the Kadhi's Court order in accordance with Islamic Law.
Ratio Decidendi
The court held that since the only asset in the estate is monetary, the beneficiaries are limited to the wife and son, and the Kadhi’s Court has already issued an order distributing the estate in accordance with Islamic Law, there is no reason to delay confirmation of grant. The statutory waiting period may be dispensed with in these circumstances. The application for confirmation of grant is therefore allowed, and the distribution of assets will follow the Kadhi’s Court order.
Court Disposition
Application for confirmation of grant allowed; letters of administration confirmed.
Orders
- Application for confirmation of grant is allowed.
- Distribution of assets to be as determined by the Kadhi’s Court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 38 OF 2015
IN THE MATTER OF THE ESTATE OF RASHID MUKTAR SHIDE (DECEASED).
RULING
Before me is an application for confirmation of grant dated 29th July 2016 filed by the Assistant Public Trustee Garissa.
Letters of administration herein were issued to the Public Trustee on 12th July 2016. This application was thus filed before the statutory period of 6 months had elapsed. However, the Assistant Public Trustee Mr. Miyogo stated verbally in court that he filed the application for confirmation of grant before the lapse of the statutory 6 months period because the only asset is monetary, and that the beneficiaries were only the wife and son of the deceased. In addition, the Kadhi’s Court had already determined the distribution, of the estate, as per Islamic Laws of inheritance.
I have myself seen the order from the Kadhi’s court in Garissa – Estate of Rashid Muktar Shide (deceased) made on 11th September 2015 distributing of the assets herein, in accordance with Islamic Law of inheritance.
I thus find no reason to disallow the application. I allow the application for confirmation of grant. Distribution of assets will be as determined by the Kadhi’s court. The letters of administration herein issued to the Public Trustee are hereby confirmed.
Certificate of confirmed grant to issue.
Dated and delivered at Garissa this 16th November 2016.
GEORGE DULU
JUDGE